Welcome to our School in the Cloud education portal (the “Site”) which is owned and operated by the University of Newcastle upon Tyne (“we” or “us”).

This Terms of Use (together with the documents referred to in it), tells you the terms of use on which you may make use of the Site. Use of the Site includes accessing, browsing, or registering to use the Site.

Please read these Terms of Use carefully before using the Site as these will apply to your use of the Site. We recommend that you print a copy of this for future reference. By using the Site, you confirm that you accept these Terms of Use and that you agree to comply with them.

If you do not agree to these Terms of Use, you must not use the Site.

Other applicable terms

These Terms of Use refer to the following additional terms, which also apply to your use of the Site:

Our privacy policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

School in the Cloud is a site operated by University of Newcastle upon Tyne. We are a charitable organisation established under the Universities of Durham and Newcastle upon Tyne Act 1963, a Statute of England, and have an address for service at King’s Gate, Newcastle upon Tyne, NE1 7RU, United Kingdom.

CHANGES TO THESE TERMS

We may revise these Terms of Use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

USE OF THE SITE

The Site is made available free of charge. You may use the Site only subject to (i) these Terms of Use, (ii) all applicable laws, rules and regulations and (iii) any agreements or terms with third parties to which you are subject. You may not use this Site for commercial purposes, such as to promote a product or service, without our prior written consent. We may impose restrictions on certain features or your access to the Site without notice or liability.

We will not be liable to you if for any reason the Site is unavailable at any time or for any period.

PROHIBITED USE

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site or attempt to exceed the limited authorisation and access granted to you under these Terms of Use or disrupt the Site or any other user’s use of the Site, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing” the Site or circumventing security or user authentication measures. You may not frame portions of the Site within another web site or establish links from any other web site to any page of the Site other than the home page. You may not resell use of, or access to, the Site to any third party.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or licensee of all intellectual property rights in the Site, and in the material published on it. These works are protected by copyright laws and treaties around the world. All such rights are reserved. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights not granted under these Terms of Use are reserved by us.

NO WARRANTIES

The Site, including all Content made available on or accessed through the site, is provided “as is” and we make no representations, warranties or guarantees, whether expressed or implied, that the Content made available through the site is accurate, complete or up to date. The Site may contain typographical errors and you agree that we shall not be bound by any such errors.

LIMITATION OF OUR LIABILITY

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, the Site; or ii. use of or reliance on any content displayed on the Site.

You agree not to use the Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity or for any special, indirect or consequential loss or damage.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on the Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

CONTENT

Users may be able to post content in certain areas on the Site such as in connection with chats and in the comments sections for certain articles. You are solely responsible for any content, photos, artwork, videos, text, graphics, articles and other information you upload, post, display or otherwise provide to the Site (“Content”). You represent and warrant that: (i) you own the Content posted by you on the Site or otherwise have the right to grant the license rights granted in these Terms of Use; (ii) your Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person; and (iii) the posting of your Content on the Site does not result in a breach of any contract between you and a third party. You will be liable to us and indemnify us for any breach of that warranty.

Any Content you upload to the Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Content, and you continue to have the right to use your Content in any way you choose, but you are required to grant us [and other users of the Site], and you represent and warrant that you have the right to grant, an irrevocable, transferable, sublicenseable, perpetual, non-exclusive, fully paid up, worldwide license to use, copy, perform, reproduce, display, edit, modify and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such Content, for the purposes of maintaining the Site and making Content available,

We do not guarantee the accuracy, completeness or usefulness of any Content. Furthermore, we do not endorse, nor are we responsible for, the accuracy and reliability of any opinion, advice or statement made on the Site by any third party. We assume no responsibility and no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the user submitting any such content.

We reserve the right, in our sole discretion, to reject, refuse to post or remove any Content posted by you. We expressly reserve the right to remove or revoke your registration and/or restrict, suspend, or terminate your access to the Site if we determine, in our sole discretion, that you pose a threat to the Site and/or its users.

We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.

ONLINE BEHAVIOUR

The Site is a space dedicated to helping children engage in new and creative ways of learning. You should not post Content to the Site that is inappropriate for or unrelated to this mission. The following is a non-exhaustive list of the type of Content that is illegal or prohibited to post on or through the Site. Prohibited Content includes, but is not limited to Content that:

is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

harasses or advocates harassment of another person;

exploits people in a sexual or violent manner;

contains nudity, violence, or offensive subject matter or contains a link to an adult website;

promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

solicits passwords from other users or personal identifying information for commercial or unlawful purposes from other users;

involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or

includes a photograph or video footage of another person that you have posted without that person’s consent or other third party content including but not limited to music, trademarks, logos, artwork or any other copyrighted, trademarked, or proprietary third party content that you have not secured permission to include on the Site.

If you wish to report any Content or conduct on the Site that you believe is inappropriate, please contact us at sole.central@newcastle.ac.uk

NO CONTENT MONITORING

We are under no obligation to screen or monitor Content, but may review Content from time to time at our sole discretion to review compliance with these Terms of Use. We will make all determinations as to what Content is appropriate in our sole discretion. We may include, edit or remove any Content at any time without notice. We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that we deem objectionable. Such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked. Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.

PRIVACY

The privacy of your personally identifiable information is very important to us. For more information on what information we collect and how we use such information, please read our Privacy Policy at https://www.theschoolinthecloud.org/privacy.

LINKS

The Site may contain links to other web sites and resources provided by third parties (including without limitation Facebook, Twitter and other social media platforms). We encourage you to be aware when you leave the Site and to read the terms and conditions and privacy statements of each and every web site that you visit.

We have no control over the contents of those sites or resources.

TERMINATION OF ACCESS

In addition to any right or remedy that may be available to us under these Terms of Use or applicable law, we may suspend, limit or terminate all or a portion of your access to the Site, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.

JURISDICTION AND GOVERNING LAW

English law governs these terms and conditions. You and we submit to the non-exclusive jurisdiction of the English courts.

SEVERABILITY

If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.

WAIVER; REMEDIES

The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use. Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

NOTICES

Any and all notices to be given by either one of us to the other pursuant to or in connection with these Terms of Use shall be deemed sufficiently given when forwarded by e-mail in each case addressed to you at the e-mail address you have given us or to us at the e-mail address displayed on the Site.